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Aazam Ali Vs Harun — Succession and Inheritance | Rajasthan HC (2023)

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Rajasthan HC
2023
Aazam Ali Vs HarunAazam Ali v. Harun

Dismissed

Aazam Ali v. Harun

Rajasthan HC18 Sept 2023CFA/43/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed a second appeal for non-compliance with orders to file PF and limitation notices within the stipulated time.

What did the court decide?

The appeal and all pending applications were dismissed for non-compliance.

What the court decided

AI extract

A

[2023:RJ-JD:30257]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil First Appeal No. 43/2019

Aazam Ali S/o Shri Noordeen @ Noor Mohammad, Aged About 56 Years, B/c Muslim, R/o Ward No. 16 Nohar Tehsil Nohar, District Hanumangarh (Raj.)

----Appellant

Versus

Harun S/o Shri Noordeen @ Noor Mohammad, B/c Muslim, R/o Ward No. 16 Nohar Tehsil Nohar, District Hanumangarh (Raj.)

Husana D/o Shri Noordeen @ Noor Mohammad, B/c Muslim, R/o Ward No. 19 Near Sahwa Bus Stand Nohar Tehsil Nohar District Hanumangarh (Raj.)

Hanifa D/o Shri Noordeen @ Noor Mohammad, B/c Muslim, R/o Behind Old Police Station Nohar Tehsil Nohar District Hanumangarh (Raj.)

Latif S/o Shri Noordeen @ Noor Mohammad, B/c Muslim, R/o Ward No. 16 Nohar Tehsil Nohar, District Hanumangarh (Raj.)

Latifa D/o Shri Noordeen @ Noor Mohammad, B/c Muslim, R/o Ward No. 16 Nohar Tehsil Nohar, District Hanumangarh (Raj.)

Parties & counsel

AI extract

appellant
Aazam Ali
respondent
Harun
respondent
Husana
respondent
Hanifa
respondent
Latif
respondent

Case details

As recorded by the court registry

Court: Rajasthan HC
Decided on: 18 Sept 2023 · September
Registered: 24 Jan 2019
Case no.: CFA/43/2019

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Cite this judgement

Aazam Ali v. Harun, CFA/43/2019 (RJ), decided on 18 September 2023.

The High Court of Rajasthan publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Rekha Borana

Parties & counsel

Outcome

The appeal and all pending applications were dismissed for non-compliance.

Detailed headnote1 paragraphs

An appeal is dismissed when the appellant fails to comply with the court's order requiring the filing of PF (Form 5) and limitation notices under Section 5 of the Limitation Act, resulting in the dismissal of the appeal and all pending applications for want of prosecution.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

Bashira D/o Shri Noordeen @ Noor Mohammad, B/c Muslim, R/o Ward No. 16 Nohar Tehsil Nohar, District Hanumangarh (Raj.)

Sabrai S/o Shri Noordeen @ Noor Mohammad, B/c Muslim, R/o Ward No. 16 Nohar Tehsil Nohar, District Hanumangarh (Raj.)

Aslam S/o Late4 Ali Mohammad S/o Shri Noordeen @ Noor Mohammad, B/c Muslim, R/o Nohar, District Hanumangarh (Raj.)

Salim S/o Late Ali Mohammad S/o Shri Noordeen @ Noor Mohammad, B/c Muslim, R/o Nohar, District Hanumangarh (Raj.)

Firoz S/o Late Ali Mohammad S/o Shri Noordeen @ Noor Mohammad, B/c Muslim, R/o Nohar, District Hanumangarh (Raj.)

Shakura D/o Late Ali Mohmmad S/o Shri Noordeen @ Noor Mohammad, B/c Muslim, R/o Nohar, District Hanumangarh (Raj.)

Nazama D/o Late Ali Mohmmad S/o Shri Noordeen @ Noor Mohammad, B/c Muslim, R/o Nohar, District Hanumangarh (Raj.)

Noor Begam D/o Late Ali Mohmmad S/o Shri Noordeen @

(2 of 3)

[2023:RJ-JD:30257]

[CFA-43/2019]

Noor Mohammad, B/c Muslim, R/o Nohar, District Hanumangarh (Raj.)

Salma D/o Late Ali Mohmmad S/o Shri Noordeen @ Noor Mohammad, B/c Muslim, R/o Nohar, District Hanumangarh (Raj.)

Gulshan D/o Late Ali Mohmmad S/o Shri Noordeen @ Noor Mohammad, B/c Muslim, R/o Nohar, District Hanumangarh (Raj.)

Sharifa W/o Late Ali Mohmmad S/o Shri Noordeen @ Noor Mohammad, B/c Muslim, R/o Nohar, District Hanumangarh (Raj.)

Rafiq S/o Late Jaitun D/o Shri Noordeen @ Noor Mohammad, B/c Muslim, R/o Nohar, District Hanumangarh (Raj.)

Rasid S/o Late Jaitun D/o Shri Noordeen @ Noor Mohammad, B/c Muslim, R/o Nohar, District Hanumangarh (Raj.)

Madeena D/o Late Jaitun D/o Shri Noordeen @ Noor Mohammad, B/c Muslim, R/o Nohar, District Hanumangarh (Raj.)

Maziya D/o Late Jaitun D/o Shri Noordeen @ Noor Mohammad, B/c Muslim, R/o Nohar, District Hanumangarh (Raj.)

Rukhsana D/o Late Jaitun D/o Shri Noordeen @ Noor Mohammad, B/c Muslim, R/o Nohar, District Hanumangarh (Raj.)

----Respondents

For Appellant(s) : None present

HON'BLE MS. JUSTICE REKHA BORANA

Judgment

18/09/2023

On 07.08.2023, last opportunity was granted to learned counsel for the appellant to file the requisite PF and notices of application under Section 5 of the Limitation Act. On that date, it was made clear that if the order is not complied with within the

(3 of 3) [CFA-43/2019]

[2023:RJ-JD:30257]

stipulated period, the appeal shall be listed for dismissal before the Court.

As per the office report, the requisite PF and notices have not been filed. None has appeared on behalf of the appellant even in the second round.

In view of the same, the present appeal is dismissed for non-compliance.

Stay application and all pending applications, if any, also stand dismissed.

(REKHA BORANA),J

18-KashishS/-

Latifa

Coram

AI extract

Rekha Borana

CNR

RJHC010034142019

Topic

Succession and Inheritance

Bench

Disposal

DISMISSED

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